Recusals Force Cancellation Of McMahon's Appeal Hearing In Middletown

Former Deputy Police Chief Patrick McMahon did not get an appeal hearing Thursday night after seven council members recused themselves from hearing his case.

The recusals left only three council members — less than the required quorum — to hear McMahon's appeal, so the hearing was canceled only 15 minutes after the council gathered in city hall.

McMahon's attorney, Leon Rosenblatt, said McMahon will file a lawsuit in an attempt get his job back as deputy chief.

"I never thought there would be a boycott," Rosenblatt said. "That was clever. Dishonest, but clever."

McMahon was fired in February after a report by attorney Eric Daigle concluded that McMahon drank alcohol while wearing his gun and badge on five occasions, then was untruthful about it when questioned by city officials.

In an April 7 motion, Rosenblatt requested that four council members — Thomas Serra, Ronald Klattenberg, Mary Bartolotta and Robert Santangelo — recuse themselves from hearing the case and voting on McMahon's reinstatement.

Rosenblatt said Serra and Klattenberg have been open opponents of McMahon, and that Bartolotta's husband, a police sergeant, was disciplined in the past by McMahon. Rosenblatt wrote that Santangelo and Serra may also be witnesses in the case.

The four said they disagreed with the reasons given for their requested recusals, but wanted McMahon to feel he had a fair hearing. Three other council members — Grady Faulkner, Todd Berch and Gerald Daley — also recused themselves Thursday.

Council members Philip Pessina and Hope Kasper were absent. Linda Salafia, Deborah Kleckowski and Joseph Bibisi did not recuse themselves.

McMahon called the recusals "an act of cowardice" and said it was an attempt by council members to silence him. He prepared a statement, which said acting Chief William McKenna chose Daigle to do the investigation because the two are friends and attended Xavier High School together.

He said McKenna was with him, also wearing a gun and badge, and consumed alcohol. Daigle's report does not say that McKenna had a visible badge and gun while drinking.

McMahon also argues that the report, which was the basis for his termination, "was poorly done [and] showed numerous inconsistencies." He said he had no motive to lie because he did not break any department rules or laws.

McKenna said this week that he could not comment on the accusations because of McMahon's ongoing appeal and the potential for a lawsuit.

Attorney Michael Rose, who is representing the city in the case, said McMahon's allegations have no merit.

"He took unfair shots at people and as a result he poisoned the very proceeding he wanted," Rose said. "I'm confident that the decision the mayor made [to terminate McMahon] is going to be vindicated."

Daigle said Wednesday that his investigation was fair and the conclusions were based on facts.